AN INTERESTING ACTION.

Marlborough Express, Volume XLI, Issue 176, 27 July 1907, Page 3

AN INTERESTING ACTION.

CLAIM FOR RENT. At the Magistrate's Court this afternoon Winifred McKenna sued George Collett for a sum of £3 Os Bd, the balance of rent for the lease of a section at Seddon sub-let by plaintiff to the defendant. An agreement had been entered into between the parties, to which Mr McNab, solicitor for the defendant, objected, holding that it was not fcinding, because the terms of the agreement by.which the lease was sublet did not take into account the provisions of the Land for Settlement Act, 1900, Section 60, which distinctly said that no sub-leasing should take place without the sanction of the Land Board. Counsel for plaintiff held that Mr McNab could not go behind the document, which, constituted a contract between the parties binding upon both. The plaintiff gave evidence to the effect that she was the holder of Section 1, Block 77, a lease from the Government for a period of 999 years. This section she sub-let to the defendant, who paid rent up to the time when he delivered up the keys. Mr McNab said that after his client gave up the keys he was not liable for further rent. He called the defendant, who acknowledged signing the document produced in Court, but said that there were conditions not mentioned in the agreement. He had no option about giving up the section, and paid rent till he handed the keys over to plaintiff. He had been told by her that she would hold him responsible for tne rent. William Armstrong, Receiver of Land Revenue, said he knew the plaintiff, who had not received the authority of the Land Board to sub-let her section. He could not say if that authority would have been given had application been made. The case was adjourned till to-mor-row morning, when the arguments by counsel will be heard.